Sample notice of motion - examination order

This is an example of a completed notice of motion – examination order. It is important to complete this form using your own details and based on your own circumstances. If you need more help, get legal advice.

Form 53 (version 3)

UCPR 38.2

NOTICE OF MOTION

EXAMINATION ORDER

COURT DETAILS
Court / Local Court
Division / Small Claims Division
Registry / Blacktown
Case number / SC20xx/766
TITLE OF PROCEEDINGS
Plaintiff / Meena Vishwana
Defendant / Fiona Frame trading as Fantastic Florists
JUDGMENT DETAILS
Date of judgment to be enforced / 22 January 20xx
FILING DETAILS
Person seeking orders / Meena Vishwana, plaintiff (judgment creditor)
Contact name and telephone / Meena Vishwana 02 2222 1111
Contact email /
PERSON AFFECTED BY ORDERS SOUGHT

Fiona Frame, defendant, judgment debtor

HEARING DETAILS

This motion is to be dealt with in the absence of the parties.

[on separate page]

ORDERS SOUGHT

1Fiona Frame attend court to be examined as to whether any and, if so, what debts are owing to her and whether she has any and, if so, what other property or other means of satisfying the judgment.

2Fiona Frame produce the following documents:

  • All bank passbooks, bank statements, cheque books, cheque butts and other documents from all bank accounts held by the judgment debtor for the period November 20xx to January 20xx
  • Evidence of ownership of any real property or motor vehicles owned by the judgment debtor
  • The judgment debtor's incometax assessmentfor the financial year ending June 20xx
  • The judgment debtor's 4 most recent payslips

SIGNATURE

Signature of or on behalf of partyMeena Vishwana

if not legally represented

CapacityPlaintiff

Date of signature25 February20xx

[on separate page]

AFFIDAVIT
Name / Meena Vishwana
Address / Unit 12, 32 Campbell Street, Blacktown NSW 2148
Occupation / IT Consultant
Date / 25 February20xx

I affirm:

1I am the judgment creditor (plaintiff).

2No payments have been made to reduce the judgment debt.

3The amount outstanding on the judgment (including any prior enforcement costs but excluding interest after judgment under section 101 of the Civil Procedure Act 2005) as at the date of this affidavit is $4,182.10.

4Interest payable under section 101 of the Civil Procedure Act 2005 is $29.22.

5The amounts claimed for costs for the issue of this order are:

Filing fees$84.00

Service fees$65.00

Solicitors fees$0.00

TOTAL$149.00

6An examination notice was served on the judgment debtor on 25 January 20xx.

7The judgment debtor has not completed and returned the examination notice

8The judgment debtor has failed to produce any or sufficient documents for inspection by the creditor.

9The judgment debtor has not, within the previous 3 months, provided any or sufficient answers, or produced any or sufficient documents in response to any previous examination notice.

10The judgment debtor lives or works at a location within 30 kilometres of the registry at which judgment was entered.

11The judgment debt is not stayed by an order of the court or by an instalment order.

AFFIRMED at / Parramatta
Signature of deponent / Meena Vishwana
Name of witness / George Fisher
Address of witness / 2/32 Campbell Street Blacktown 2148
Capacity of witness / Justice of the Peace
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
1#I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.*
2#I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent’s identity using the following identification document:
Medicare card
Identification document relied on (may be original or certified copy)†
Signature of witness / George Fisher

Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

______

[* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]

[†"Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.]

Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

Sample only. This is not legal advice.